Ordinance No. 183 VILLAGE OF BARODA, BERRIEN COUNTY, STATE OF MICHIGAN

AMENDMENT TO CODE OF ORDINANCES
ADOPTED: December 4, 2017
(Effective: )
An Ordinance amending the existing ordinances regarding notice to abate
nuisances, and blight elimination regulations .
THE VILLAGE OF BARODA, BERRIEN COUNTY, MICHIGAN ORDAINS:

SECTION 1. Authority.
In accordance with the authority for the establishment of ordinances (MCL 66.1)
and the general powers of the Village Council (MCL 67.1) the Village of Baroda
Ordinances are amended as follows :

SECTION 2. Amended Ordinances.
This Ordinance shall amend Chapter 12, Division 1, Article II Section 12-22
and
Division 2, Section 12-33 and Section 12-34 of the Code of Ordinances, Village
of Baroda, Michigan.

SECTION 3. The Newly Amended Ordinances.
Section 12-22 shall be amended to read as follows:

Sec. 12-22. Notice to abate.
It shall be the duty of the village president , upon complaint made to him, and if
the condition investigated is deemed to be a fire hazard, health menace, or other
nuisance, as the case may be, to direct the chief of police or ordinance enforcement
officer to give such general notice to the owner or occupier, or the person
responsible for creating or maintaining such conditions or performing such acts,
or both, as set forth in sections 12-19 through 12-21. Said notice shall describe
in detail the conditions which are deemed to be a public nuisance, and which
require abatement thereof within a period of not more than ten days or less in
the discretion of the health officer or the village president if the public health is
endangered , from date of said notice. Said notice shall further state that failure
to comply with its terms within the specified period shall subject said person to
prosecution for a civil infraction as provided in section 12-23, and shall further
make said lot or premises (where a lot or premises are involved) liable for the
necessary expenses incurred by the village in abating said nuisance as defined
in the aforesaid notice.
(Comp Ords. 1995, § 20.254; Ord. No. 69,11 -7-1960)

Section 12·33 (8) shall be amended to read as follows:
(8) House trailers, mobile homes, campers, or recreational vehicles. House trailers,
mobile homes, campers, or recreational vehicles in disrepair or not in normal
use for a period of 60 days. (Ord No. 183, § 3, 8-3 2015)

Section 12-34 shall be amended to read as follows:
Sec. 12·34. Enforcement and penalties.
This division shall be enforced by the ordinance enforcement officer, acting under
the authority of the village council.
The owner, if possible, and the occupant of any property upon which any of the
causes of blight or blighting factors set forth in section above 12-33 is found to
exist may be notified in writing to remove or eliminate such causes of blight or
blighting factors from such property within 30 days after service of the notice
upon such owner or occupant. Such notice may be delivered personally or sent
by first class mail, and a copy of the notice posted or attached to the building,
structure or vehicle. Additional time may be granted by the approval of the village
ordinance enforcement officer where bonafide efforts to remove or eliminate
such causes of blight or blighting factors are in progress.
A violation of this division is a municipal infraction, for which the fine shall be
not
more than $500.00, in addition to all other costs, damages, expenses, and other
fees and remedies provided or allowed by law. Each day that a violation occurs
shall be considered a separate violation.
The issuance of a citation for a municipal infraction shall not in any way limit the
village from seeking enforcement of this division in any other manner, including,
but not limited to, an action to abate any nuisance created by a violation of
this division and to recover any costs, expenses, damages, and fees, including
attorney fees, that may be permitted or allowed by law in connection with such
abatement and the enforcement of this division. (Ord. No. 183, § 1, 8-3-2015)

SECTION 4. Severability.
If any portion or section of this ordinance or its application to any person or
circumstance shall be found to be invalid by a court, such invalidity shall not affect
the validity of the remaining portions or applications.

SECTION 9. Effective date.
This ordinance shall take effect 21 days after date of its publication.

SECTION 10. Publication; Recordation.
This Ordinance or a summary shall be published as required by law in The Berrien
County Record, a newspaper of general circulation in the Village, promptly
after its adoption, and shall be recorded in the Ordinance Book of the Village
and such
recording authenticated by the signatures of the Village President and Village
Clerk.
The above Ordinance was offered for adoption by Village Council Member Rath
and seconded by Village Council Member Turney the vote being as follows:
Robert Getz YES
G. Larry Nye YES
Mona Himmelein YES
Steve Jasper ABSENT
Edwin Rath YES